encroaching conservatory - a problem?


Postby donster22 » Thu Jul 17, 2008 5:56 pm

hi

my neghbour has built a small conservatory along our boundary - not a problem at all really but it's right on the boundary and now the windowsill (around a high window on my side) and the guttering are overhanging our property. again, not a massive problem but technically is this allowed and could it cause either of us a problem if and when either of us come to sell our houses?

thanks
don
donster22
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Postby archtext » Fri Aug 08, 2008 12:26 am

[quote="donster22"]hi

my neghbour has built a small conservatory along our boundary - not a problem at all really but it's right on the boundary and now the windowsill (around a high window on my side) and the guttering are overhanging our property. again, not a massive problem but technically is this allowed and could it cause either of us a problem if and when either of us come to sell our houses?

thanks
don[/quote]

If I was looking at your property with a view to purchasing, I would be asking questions and seeking conditions such as Party Wall Agreements, before buying as this conservatory could disadvantage any proposals I may have for extension. it sounds like your neighbour`s conservatory could detract from the amenity of your property.



You do not say which elevation or boundary the conservatory is on.
This type of situation is becoming far too commonplace with neighbours taking huge liberties with extensions and conservatories. Even applications passed by Planning and Building Control do not address issues of access and maintenance of gutters, fascias and parapet walls on or close to boundaries in England.
I assume that your neighbour came on to your land to fix the gutter since it is has to be fitted from below.

I would enforce a retrospective party wall agreement here if I was in your situation.
Check out party wall surveyors.

If you want to build up to the boundary what happens to their gutter?
How do they service, maintain and repair their gutter?
They haven`t put a window on the boundary have they? So that if their conservatory goes up in flames your property or a future extension might be endangered.
Equally you could be losing loss of privacy by being overlooked.
What sort of foundations have they put in?
Was an engineer consulted?
If the foundations are not approved by Building Control Department your neighbour could have built a structure which may subside due to inadequate or too shallow foundations.
Regardless of what Building control require for conservatories,
your neighbour could have built walls and a ground bearing slab over a drain without adequate precautions to prevent the drain from collapsing.
Do you know if there is a drain and what it is made from? It could distort or break under the load?

Unfortunately conservatories come in to a separate set of criteria
from standard buildings and are often exempt from Statutory Consent. Refer to your local authority Building Control guidelines on conservatories with transparent or translucent roofs; usually contained in an explanatory pamphlet to see what is needed.
Let us know what the outcome is please.
archtext
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Joined: Wed Jun 25, 2008 12:24 am


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